ML24023A265

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Response to Mek Request for Withholding Information from Public Disclosure Ssd 23-18
ML24023A265
Person / Time
Issue date: 02/22/2024
From: Rolland J, Sida B
NRC/NMSS/DMSST/MSLB
To: Jeon G
MEK Gauging America
References
23-18
Download: ML24023A265 (3)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 February 22, 2024 Mr. Gyuyoung Jeon, Director MEK Gauging America, LLC 3455 Peachtree Road NE, 5th Floor Atlanta, GA, 30326

SUBJECT:

U.S. NUCLEAR REGULATORY COMMISSION APPROVAL OF MEK GAUGING AMERICA, LLC REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE

Dear Mr. Jeon:

MEK Gauging America, LLC submitted an affidavit dated July 12, 2023, and August 16, 2023, requesting that the documents marked PROPRIETARY provided in the application dated July 14, 2023, and letter dated December 15, 2023, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390. The affidavit was submitted in connection with the application request.

The affidavit stated that the submitted documents should be considered exempt from mandatory public disclosure because the information is unavailable in other public documents and is of the type that if disclosed publicly, would be detrimental to MEK Gauging America, LLC as it would provide technical details to competitors of MEK Gauging America, LLC and cause substantial harm to MEK Gauging America, LLC.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 9.17 and 2.390, based on your statements, have determined that the submitted information sought to be withheld contains trade secrets or confidential or privileged commercial or financial information and should be withheld from public disclosure.

Therefore, MEK Gauging America, LLC proprietary information in the letters dated July 14, 2023 and December 15, 2023, will be withheld from public disclosure pursuant to 10 CFR 9.17 and 10 CFR Paragraph 2.390(b)(4) and Section 103(b) of the Atomic Energy Act of 1954, as amended. Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents.

If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the U.S. Nuclear Regulatory Commission (NRC). You also should understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes your information. In all review situations, if the NRC makes a determination adverse to the above, you will be notified of the date of public disclosure, in advance which will be a reasonable time thereafter.

G. Jeon 2

If you have any questions, please contact me by email at Joseph.Rolland@nrc.gov.

Sincerely, 2/22/2024 X

Joseph Rolland Mechanical Engineer Signed by: JOSEPH ROLLAND Materials Safety and Licensing Branch Division of Materials Safety, Security, State, and Tribal Programs Office of Nuclear Material Safety and Safeguards

ML24023A265 OFC NMSS/MSST NMSS/MSST NMSS/MSST NMSS/MSST NAME TBrockington BSida LSepulveda JRolland DATE 1/24/2024 2/12/2024 2/9/2024 2/14/2024